Friday, June 21, 2013
Tenants can't force landlord to move kin out of property: HC
Tenants can't force landlord to move kin out of property: HC
"A tenant or the court can't dictate a landlord on what is bona fide and reasonable need... landlord is the best judge of his requirements," said the judge.
The high court set aside as "perverse" a lower court's order that directed the landlady's son and his family to move to Badlapur where her daughter-in-law has a house. This, despite the tenant owning a home in Dombivli.
"The (lower) court wants the landlady's family to be separated, some members to live in Thane and others in Badlapur, when they have a house of their own in Thane," said the judge. "It is difficult to understand how the landlady's family can be directed to be separated and the tenant allowed to live on the rented premises, when, by her own admission, she owns a building in Dombivli."
The flat is on the ground floor of Thane's Shrikripa Building, which the landlady, Sudha Barve, rented out to Ramesh Padhye in 1974. Once he died, Padhye's wife Ranjana and her two children continued living there. In the mid '90s, Barve moved court, seeking their eviction; she had complained that rents were not paid, a creche was run illegally from the flat and alterations were made to the flat without permission. Barve also said she stayed in a 300-sq-ft flat and needed the rented place to house her family comprising her divorced daughter, son, his wife and their two children. While the trial court in 2002 held in Sudha's favour, the appellate court reverse the verdict. It asked Sudha's son to move out with his family to Badlapur.
During the pendency of the case, Barve died. The HC even said after her death, "it cannot be said the space would be enough for the family..." consisting of her daughter, son, daughter in law and their two children. It is to be noted that the family is a growing family and as such the requirement cannot be said to be fanciful.'' and struck down the appellate court order.
http://timesofindia.indiatimes.com/city/mumbai/Tenants-cant-force-landlord-to-move-kin-out-of-property-HC/articleshow/20692102.cms
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